Phillip v. Brown et al

Filing 44

ORDER: ORDERS that 43 Report and Recommendation is accepted in its entirety; ORDERS that 28 Plaintiff's Motion for Summary Judgment is denied and 36 Defendants' Cross-Motion for Summary Judgment is granted. Signed by Senior Judge Frederick J. Scullin, Jr on 4/5/12. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
______________________________________________
KURT PHILIP, also known as Kurt Phillip,
Plaintiff,
v.

9:10-CV-643
(FJS/TWD)

WILLIAM D. BROWN, Superintendent,
Eastern Correctional Facility and
YASIN LATIF, Imaam and Coordinating
Chaplin of Eastern Correctional Facility,
Defendants.
_____________________________________________
APPEARANCES

OF COUNSEL

KURT PHILIP, also known as Kurt Phillip
99-A-3711
Chantimelle
St. Patrick’s
Grenada, West Indies
Plaintiff pro se
OFFICE OF THE NEW YORK
STATE ATTORNEY GENERAL
The Capitol
Albany, New York 12224
Attorneys for Defendants

CHARLES J. QUACKENBUSH, AAG

SCULLIN, Senior Judge
ORDER
Currently before the Court is Magistrate Judge Dancks' March 13, 2012 ReportRecommendation, in which she recommended that this Court deny Plaintiff's motion for
summary judgment and grant Defendants' cross-motion for summary judgment. The parties did
not file any objections to these recommendations.

When a party does not object to a magistrate judge's report-recommendation, the court
reviews that report-recommendation for clear error or manifest injustice. See Linares v.
Mahunik, No. 9:05-CV-625, 2009 WL 3165660, *10 (N.D.N.Y. July 16, 2009) (citation and
footnote omitted). After conducting this review, "the Court may 'accept, reject, or modify in
whole or in part, the . . . recommendations made by the magistrate judge.'" Id. (quoting 28
U.S.C. § 636(b)(1)(C)).
The Court has reviewed Magistrate Judge Dancks' March 13, 2012 ReportRecommendation for clear error and manifest injustice; and, finding none, the Court hereby
ORDERS that Magistrate Judge Dancks' March 13, 2012 Report-Recommendation is
ACCEPTED in its entirety for the reasons stated therein; and the Court further
ORDERS that Plaintiff's motion for summary judgment is DENIED; and the Court
further
ORDERS that Defendants' cross-motion for summary judgment is GRANTED; and the
Court further
ORDERS that the Clerk of the Court shall enter judgment in favor of Defendants and
close this case; and the Court further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.
IT IS SO ORDERED.
Dated: April 5, 2012
Syracuse, New York

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